Chinook Helicopter Accident

Lord Vivian: asked Her Majesty's Government:
	Why the senior Royal Air Force reviewing officers overturned the findings of the president of the RAF board of inquiry investigating the Chinook helicopter accident on the Mull of Kintyre; and what were their justifications for doing so.

Baroness Symons of Vernham Dean: Under the rules of procedure for boards of inquiry, the higher authority is responsible for convening the inquiry and reviewing its findings. In the case of the Chinook accident on the Mull of Kintyre, the Convening Officer and his Air Officer Commanding in Chief (the reviewing officers) reluctantly concluded that the pilots had continued to fly their aircraft towards the Mull below safety altitude in unsuitable weather and in direct contravention of both visual and instrument flight rules. In allowing their aircraft to do this, the pilots had not exercised the skill, care or judgment they were known to possess. Consequently, the conclusion was that the pilots were grossly negligent.

Chinook Helicopter Accident

Lord Vivian: asked Her Majesty's Government:
	Why Squadron Leader R Burke was not allowed to give evidence to the Royal Air Force board of inquiry, the Air Accidents Investigation Board and the Scottish Sheriff's fatal accident inquiry concerning the Chinook accident on the Mull of Kintyre.

Baroness Symons of Vernham Dean: The two inquiries and the team from the Air Accident Investigation Branch investigating the Mull of Kintyre accident were allowed access to all relevant evidence.

Chinook Helicopter Accident

Lord Vivian: asked Her Majesty's Government:
	Why the Ministry of Defence will not reopen the inquiry to hear the evidence of Squadron Leader R Burke concerning the Chinook helicopter accident on the Mull of Kintyre.

Baroness Symons of Vernham Dean: We are always prepared to consider any relevant new evidence. We have considered the points Mr Burke has raised but found nothing to justify reopening the findings of the RAF board of inquiry.

Chinook Helicopter Accident

Lord Jacobs: asked Her Majesty's Government:
	Further to the Written Answer by the Baroness Symons of Vernham Dean on 11 July (WA 21) regarding the Chinook helicopter crash in June 1994, whether the conclusion by the board of inquiry as to the most probable cause of the accident and the speculation as to the sequence of events immediately preceding the accident can be reconciled with the requirements that a finding of negligence must only be made "where there is absolutely no doubt whatsoever".

Baroness Symons of Vernham Dean: It is possible to be certain of the cause for something happening even though the precise details of events leading up to it are less definite. The decision of the RAF board of inquiry into this accident was that there was no doubt that the actions of the two pilots were the direct cause of this crash and that this amounted to gross negligence.

Chinook Helicopter Accident

Lord Jacobs: asked Her Majesty's Government:
	Further to the Written Answer by the Baroness Symons of Vernham Dean on 11 July (WA 21) regarding the Chinook helicopter crash in June 1994, whether the words "probable" and "absolutely no doubt whatsoever" are in contradiction to each other.

Baroness Symons of Vernham Dean: Not when taken in context. At the earlier stages of the inquiry a range of scenarios, or possible causes, were considered. The conclusion arrived at was that, irrespective of the precise detail of the sequence of events, there was no doubt that the aircraft had been flown in a way that constituted negligence.

Chinook Mark 2/2A Helicopter

Baroness Park of Monmouth: asked Her Majesty's Government:
	What is the cost of a helicopter in the Chinook Mark 2/2A fleet.

Baroness Symons of Vernham Dean: The Chinook Mk2 is a modified Chinook Mk1 and there are, therefore, no procurement costs available for this variant. The Chinook Mk2A was procured in 1995 at a unit cost of some 20.2 million US dollars. This figure excludes the cost of engines, which were provided by the Ministry of Defence from existing stock holdings. The replacement cost of a Chinook engine is currently some 2.1 million US dollars.

Chinook Mark 2/2A Helicopter

Baroness Park of Monmouth: asked Her Majesty's Government:
	What is the cost of supplying and fitting each cockpit voice and flight data recorder to the Royal Air Force Chinook Mark 2/2A fleet.

Baroness Symons of Vernham Dean: Excluding one-offs and ground station costs, the cost to supply and fit Health and Usage Monitoring Systems (which include cockpit voice and flight data recorders) to each aircraft of the RAF Chinook Mk2/2a fleet is £320,000 (at 1999 prices).

Chinook Mark 2/2A Helicopter

Baroness Park of Monmouth: asked Her Majesty's Government:
	Whether the Chinooks being used in Sierra Leone are part of the Mark 2/2A fleet: and whether they are being equipped with cockpit voice and flight data recorders; and
	Whether Chinooks operating in Northern Ireland, Kosovo and Iraq respectively are from the Mark 2/2A fleet; and whether they are being equipped with cockpit voice and flight data recorders.

Baroness Symons of Vernham Dean: The Chinook helicopters recently used in Sierra Leone and Kosovo, and currently used in Northern Ireland, are Mark 2 aircraft which were not fitted with cockpit voice and flight data recorders. Chinook helicopters have not operated in Iraq since the Gulf War in 1991. A programme to fit cockpit voice and flight data recorders to the Chinook Mark 2/2A fleet as part of the Health and Usage Monitoring System (HUMS) should be completed by August 2001.

Badger Culling Trial

Lord Brett: asked Her Majesty's Government:
	When they will bring further areas into the badger culling trial recommended by Professor Krebs so as to address questions about the incidence of tuberculosis in cattle.

Baroness Hayman: The Government have now identified two more badger culling trial areas. One will be located in Gloucestershire and the other in Devon. This brings to 10 the number of areas in the trial, in line with the advice of the Independent Scientific Group on Cattle TB (ISG), overseeing the trial.
	The Government are committed to a wide-ranging strategy aimed at finding a science-based solution to TB in cattle. The badger culling trial is an important element of that strategy, designed to establish what role, if any, badgers play in the spread of TB in cattle; and whether localised culling of badgers helps to reduce TB in cattle herds. The trial is subject to strict welfare safeguards, including independent audit, and will not endanger badger populations. The ISG expect results to be available by the end of 2004, possibly earlier depending on the strength of any association between TB in cattle and badgers.

Rockall Fisheries Zone

Lord Campbell of Croy: asked Her Majesty's Government:
	What action they propose to take to protect stocks of haddock from over-fishing after the re-classification of the area of Rockall as no longer within the fishery limits of the United Kingdom or the European Union.

Baroness Hayman: The Rockall fisheries zone (RFZ) was relinquished in 1997 when the UK acceded to the UN Convention on the Law of the Sea (UNCLOS). Article 121(3) of UNCLOS prevents "rocks which cannot sustain human habitation or economic life of their own" being used to generate exclusive economic zones. Maintenance of the RFZ would not therefore have been compatible with UNCLOS and so would have been open to legal challenge.
	Unregulated fishing in this area risks undermining EU management measures aimed at conserving stocks. That is why, at the Fisheries Council in June, we called upon the European Commission to press for the adoption of specific management measures by the North East Atlantic Fisheries Commission (NEAFC) to constrain fishing in the area. We were supported by a number of other member states, The European Commission has undertaken to pursue the necessary action in NEAFC.

Antiviral Drugs Pricing

Lord Rea: asked Her Majesty's Government:
	With particular reference to the high costs of antiviral drugs for treating hepatitis C and HIV, whether they intend to review price mechanisms and monopolies among pharmaceutical companies.

Lord Hunt of Kings Heath: The prices of branded medicines are controlled indirectly by the Pharmaceutical Price Regulation Scheme (PPRS), which limits the profits which companies can make from the sale of these products to the National Health Service. Within this ceiling on overall profits, companies have freedom of pricing with a high price on one product being balanced by a lower price on others. A new scheme was introduced in October 1999 under which the prices of medicines covered by the PPRS were reduced by 4.5 per cent. overall, representing savings to the NHS of around £200 million per year. The new scheme incorporates an inquiry into the extent of competition in the supply of branded medicines to the NHS, which will inform the mid-term review of the PPRS, which will be undertaken after April 2002.
	Pharmaceutical companies often concentrate their research in particular therapeutic areas in which there may well be few suppliers. New products benefit from intellectual property protection which rewards and encourages research. In this particular area there has been a tendency for products to be launched at a common European price. Although their relative prices in different countries may be affected by currency fluctuations and controls of the kind exercised by the PPRS, they are at a similar level in other European countries.

Merrywood School, Bristol

Lord Cocks of Hartcliffe: asked Her Majesty's Government:
	On what date the Secretary of State for Education and Employment made the decision to close Merrywood School, Knowle West, Bristol.

Baroness Blackstone: The Secretary of State approved the proposal on 10 April 2000.

Notting Hill Carnival: Attack on Mr Alexis Condon

Lord Tebbit: asked Her Majesty's Government:
	Whether the attack by a gang of black youths upon Mr Alexis Condon and five others at about 11.30 pm on 28 August at the Notting Hill Carnival has been classified as a racially motivated crime.

Lord Bassam of Brighton: I understand from the Commissioner that this incident was not classified as a racist crime.

Kosovo: Return of Refugees

Lord Judd: asked Her Majesty's Government:
	What action they are taking together with other governments and international organisations to ensure that refugees and displaced people from Kosovo who are members of minority ethnic groups such as the Roma, Ashkalia and Serbs are not directly or indirectly encouraged to return to Kosovo without understanding the reality of the situation which awaits them; and
	What action they are taking together with other governments and international organisations to ensure that the return of refugees and displaced people to Kosovo is genuinely voluntary, co-ordinated with the authorities on the spot, and effectively related to the security situation and to the economic and social capacity to absorb returnees with meaningful prospect of a decent lifestyle; and
	What action they are taking together with other governments and international organisations to discourage the return of refugees and displaced people to Kosovo during the winter months.

Lord Bassam of Brighton: The Government recognises that the security situation of ethnic minorities such as Roma, Ashkalia and Serbs in Kosovo remains precarious. All asylum applications are considered on their individual merits and returns would not be enforced or encouraged unless it was considered safe to do so. This approach is consistent with United Nations High Commission for Refugees (UNHCR) advice and is followed by most other European governments. Information about the situation for these groups in Kosovo is widely available from a range of sources, but clear advice would be given to any individuals applying for the Home Office voluntary returns programme.
	Returns to Kosovo from this country will be on a phased and managed basis and we encourage other host countries to adopt a similar approach. Every assistance has been provided to those people who wish to return to Kosovo permanently, in the form of two voluntary assisted return programmes. If necessary, we enforce the return of those who, following any appeal, are judged to have no humanitarian or protection reasons for needing to remain longer in the United Kingdom. Such returns will take account of all the circumstances at the time, including the weather conditions in Kosovo. Arrangements have been set up to inform the United Nations Interim Administration Mission in Kosovo (UNMIK) in advance of Kosovans being forcibly returned to Kosovo.

Roma: Anti-discrimination Measures

Lord Lester of Herne Hill: asked Her Majesty's Government:
	What measures they intend to take to give effect to General Recommendation XXVII of August by the United Nations Committee on the Elimination of Racial Discrimination on the elimination of all forms of racial discrimination against Roma and to improve the situation of Roma and their protection against discrimination.

Lord Bassam of Brighton: I should emphasise that Roma within the United Kingdom already receive the protection that current legislation provides. The Race Relations Act 1976 makes it unlawful for anyone to discriminate against another on racial grounds. A Bill currently before Parliament will amend the 1976 Act by extending it to the functions of public authorities not currently covered by the Act, including the police service, and will put a statutory duty on public authorities to promote racial equality.
	It is also an offence to incite racial hatred against the Roma community by virtue of Part III of the Public Order Act 1986. And racist violence and harassment towards members of the Roma community falls under the new racially aggravated offences in the Crime and Disorder Act 1998.
	The Government are investing £14 million each year through the Standards Fund to promote the access, regular attendance and higher levels of achievement of Roma pupils. And legal requirements have been placed on schools with regard to the admission procedures for Roma children. There has also been investment in the production of books and learning materials which portray the Roma as a positive and rich culture that has a legitimate place in United Kingdom and European society. Intensive programmes of in-service training for teachers are provided by the Traveller Education Services, which most Local Education Authorities have had in place for a number of years.
	The Government also announced that they would be making available over the next three years £17 million to help local authorities to improve and refurbish a limited number of existing Gypsy and Traveller sites. Details of the scheme will be published later this Autumn.
	The United Nations and Council of Europe have become increasingly concerned at the problem of discrimination against the Roma community in Central and Eastern Europe. We are committed to ensuring that this issue is properly addressed at the World Conference on Racism in South Africa next year.
	There is also a substantial programme of work run by the Council of Europe to address this problem, which the United Kingdom Government has actively supported. We have provided funding for projects in the Czech Republic and Slovakia. The Department for International Development is involved in a number of programmes aimed at encouraging central and local governments to address the needs of Roma communities, and the Home Office is in the process of arranging a major programme of race awareness training for police in the Czech Republic.

Home Detention Curfew Scheme

Lord Windlesham: asked Her Majesty's Government:
	On what date the early release of prisoners under Home Detention Curfew supervision came into effect; what are the criteria for release; and what has been the effect on the size of the prison population.

Lord Bassam of Brighton: The Home Detention Curfew (HDC) scheme was introduced on January 28 1999. Prisoners serving sentences of more than three months, and less than four years, are eligible to apply for HDC.
	In order to be released under the HDC scheme, the prisoner must have a suitable address to return to and in which the electronic monitoring device can be installed. In addition, prisoners are subject to a rigorous risk assessment which looks at their suitability for release on HDC, including the risk of reoffending. Only about 30 per cent of eligible offenders have been placed on HDC to date.
	There are some statutory exclusions to the scheme. These include, amongst others:
	violent and sex offenders serving an extended sentence (i.e. one which will involve extended supervision) under the Crime and Disorder Act 1998;
	prisoners serving a sentence for failing to return to custody following a period of temporary release;
	prisoners who have at any time been returned to prison for comitting an offence before the at risk period of a sentence has expired.
	There are normally 2,000 prisoners on HDC at any one time who would otherwise be in prison.

Domestic Burglary

Lord Windlesham: asked Her Majesty's Government:
	How many incidents of domestic burglary in England and Wales were recorded in each of the most recent ten years for which statistics are available; and how many were cleared up annually over the same period.

Lord Bassam of Brighton: The requested details are as follows:
	
		
			 Year Offences Recorded Offences Cleared Up 
			 1990 529,161 132,995 
			 1991 624,946 147,360 
			 1992 708,231 141,770 
			 1993 727,276 147,241 
			 1994 678,882 154,348 
			 1995 643,645 152,207 
			 1996 602,128 141,782 
			 1997 519,265 133,057 
			 1998-99 473,349 105,782 
			 1999-00 442,602 65,874 
		
	
	The change in counting rules for recorded crime on 1 April 1998 had a minimal effect on the number of burglaries recorded. There was a change in counting rules for clear-ups on 1 April 1999 which introduced more precise and rigorous criteria for detecting crimes, including no longer counting most detections resulting from interviewing convicted prisoners. This resulted in a fall in the number of recorded clear-ups as about a third of the clear-ups in 1998-99, for example, were as a result of interviews of convicted prisoners.

Criminal Justice Functions: Devolution

Lord Windlesham: asked Her Majesty's Government:
	Whether any Home Office functions in the field of criminal justice have been devolved to the National Assembly for Wales or to the Scottish Parliament.

Lord Bassam of Brighton: Yes. Responsibility for pensions regulations in respect of police officers in Scotland was devolved to the Scottish Parliament. The Home Office remains responsible for criminal justice in England and Wales. Before devolution, the Scottish Office had lead responsibility for criminal justice in Scotland and details of the matters for which the devolved administrations in Scotland and Wales are now responsible can be found in the Scotland Act 1998, the Government of Wales Act 1998 and Transfer of Functions Orders made under those Acts. The effects of the devolution legislation in Scotland and Wales are summarised in Devolution Guidance Note 11: Ministerial Accountability under Devolution, the publication of which was announced by my noble and learned friend the Lord Chancellor in answer to a Question on 27 July 2000, Official Report, col. WA 73. A copy was placed in the Library and the text may also be viewed on the Cabinet Office website, www.cabinet-office.gov.uk, under The Government Machine.